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B-193872 1 (1979-03-30)

handle is hein.gao/gaobadhba0001 and id is 1 raw text is: S7 THE CIVPTROLLER GENERAL DECISION . OF THE UNITED STATES WAS HfNGTON, D.C. 2054a FILE: B-19 3872 DATE: March 30, 1979 MATTER OF: Schering Corporation DIGEST: 1. Protest, alleging inadequate preaward survey of protester's competitor, is dismissed since it ultimately amounts to a protest against contracting agency's affirmative determina- tion of competitor's responsibility and such determinations will not be reviewed by GAO except in limited circumstances not appli- cable here. 2. Question of whether offeror is manufacturer or regular dealer under Walsh-Healey Act is for determination by contracting agency, subject to review by Secretary of Labor. Schering Corporation (Schering) protests the De- fense Logistics Agency's (DLA) procedures in negotiating the procurement of certain pharmaceutical products under request for proposals (RFP) D120-79-R-0042. Specifi- cally, Schering questions the dequacy of pre ' award gurveyjof its competitor,' Philadelphia Biologics Center-(PBC), that firm's qualifications and DLA's bLGO/Sy' determination that PBC qualifies as a manufacturer or regular dealer under the Walsh-Healey Public Contracts Act (Act), 41 U.S.C. § 35 et seq. (1976). The protest is asserted to have been filed as a protective measure to preclude award to PBC pending a determination of the firm's qualifications to participate in the procurement. Qualifications apparently refers to the status of the firm as a manufacturer or regular dealer, which is presently under review at the Department of Labor. We are dismissing the protest for the following reasons. The complained of preaward survey can only operate .to Schering's detriment if it provides the foundation for an affirmative determination of PBC's